The Calguns Foundation Announces Successful Defense of John Contos of Sonoma Firearms

The Calguns Foundation Announces Successful Defense
of John Contos of Sacramento-Based Sonoma Firearms

Case based on the incorrect theory that U-15 Stocks are
“thumbhole” stocks (and/or constitute a pistol grip) is dismissed.

Improper prosecution brought by California Department of Justice
Bureau of Firearms as retribution and regulatory over-reach.

December 18, 2008

(CALGUNS.NET) - Redwood City, CA – The Calguns Foundation (CGF) announces that it has again successfully defended an innocent person charged with violating California’s complex and overbearing firearms laws. The Solano County District Attorney’s office dismissed all charges in an Assault Weapon-related case in People v. Contos. John Contos, the proprietor of Sonoma Firearms, was charged based upon the theory that the California Rifles’ brand “U-15” stock constituted a thumbhole stock (or was in fact a pistol grip) - and was thus a feature triggering Assault Weapon status under California law.

Background: In June 2007, Mr. Contos was contacted by Supervisory Special Agent Ignatius Chinn of the California Department of Justice Bureau of Firearms in relation to sales of off-list lower receivers for California-legal rifles. According to California law, the serialized “lower receivers” of rifles or pistols that might be considered “Assault Weapons” – and which are not specified by make and model – cannot be considered “Assault Weapons” unless they are specifically listed in California “Assault Weapons” law by make and model. Receivers not listed by make and model are known as “off-list”, and are perfectly legal to sell and possess.

However, even though these receivers are perfectly legal, it is still possible to create an illegal assault weapon by putting the wrong “accessories” on one of these receivers. One such accessory, which is prohibited, except under certain circumstances, is the “thumbhole stock.”

At the Solano County Gun Show in July 2007, Agent Chinn observed that Mr. Contos was selling off-list lower receivers configured with U-15 “butt stocks.” Agent Chinn claimed such stocks were “thumbhole stocks” that could make these receivers into “Assault Weapons” by having certain feature configurations that are prohibited. As there is actually no “hole” in a U-15 stock, this position was at best specious. Later that summer, Agent Chinn obtained and served a warrant based on the “thumbhole stock” theory and seized numerous firearms - including handguns and various rifles having no relationship to this dispute.

The Case: The Calguns Foundation retained the Law Offices of Don Kilmer to defend Mr. Contos. After passage of many months and no prosecution was forthcoming, Mr. Kilmer began the civil process of demanding the return of Mr. Contos’ property. After being stonewalled by the Bureau of Firearms, Mr. Kilmer filed a Tort Claims Act claim for the return of all property as well as compensation for business interruption. Just as the window for a response to the Tort Claims Act claim was to expire, the Bureau of Firearms persuaded a Solano County District Attorney to bring criminal charges (in June 2008), claiming that Mr. Contos was guilty of offering to sell illegal Assault Weapons.

After reviewing the proposed testimony of the State’s expert (Agent Chinn) the Solano County DA had the courage to admit that he could not meet the burden of proving that a U-15-equipped rifle or receiver was an Assault Weapon. With the case’s dismissal, Mr. Contos looks forward to the prompt return of his property. The Foundation was prepared, if necessary, to secure expert testimony from topologists (mathematicians specializing in the fields of surfaces and shapes) relating to the design of the U-15 stock and its not possessing a “thumbhole”.

The Calguns Foundation remains concerned the Bureau of Firearms has shown a pattern of using the criminal courts to extract retribution against adversaries and quash dissent about their overbroad view of the law. Bureau of Firearms has - on multiple occasions - instigated criminal charges as it became clear that they would be required to return property by civil action. Additionally, the Bureau of Firearms continues to attempt to use the criminal courts to expand the regulatory reach of the Assault Weapon laws. This is contrary to California law. This pattern and practice of charging citizens with a crimes for the purpose of exploring the regulatory boundaries of a fundamental right are extremely troubling and may require redress.

CGF offers its congratulations and thanks to John Contos for his support and patience during this arduous process. Mr. Contos has been a strong personal supporter of the Calguns community, even as this process has exacted real costs to him. Thanks also to The Law Offices of Don Kilmer for their excellent work on this case to date.

Also, CGF offers its congratulations to Grant Early, inventor of the California Rifles U-15 stock, upon having it clearly deemed to be neither a thumbhole stock nor a pistol grip.

Please consider a donation to offset the legal fees and other costs that The Calguns Foundation bore in this case - and which it continues to bear in order to defend other cases. Your donations are likely to be tax deductible, as The Calguns Foundation expects to be obtaining 501(c)(3) tax-deductible status. You can donate (at http://calgunsfoundation.org/main/index.php/donate) via check, credit card, homebanking payments, and Paypal.

The Calguns Foundation expects to see this case through to a final and satisfactory conclusion for both Mr. Contos and the California sport shooting community.

Good news. I hope this continues and that rights in California can be reclaimed.

__________________
People don't like to be meddled with. We tell them what to do, what to think, don't run, don't walk. We're in their homes and in their heads and we haven't the right. We're meddlesome.
--River Tam

__________________
"If a man hasn't found something worth dying for, he isn't fit to live." - Martin Luther King Jr.
"Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin
"You have to be willing to swing your nuts like a deadblow hammer to put these jackasses in their place." - AJAX22
"The best defense against usurpatory government is an assertive citizenry." - William F Buckley Jr.

The Foundation was prepared, if necessary, to secure expert testimony from topologists (mathematicians specializing in the fields of surfaces and shapes) relating to the design of the U-15 stock and its not possessing a “thumbhole”.

No need to pay for "experts". I just showed my wife a U-15 stock and she said, "so where is the hole?".

__________________
False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.
-- Cesare Beccaria http://www.a-human-right.com/

I would like to know if the property taken has ever been returned. You may recall The Stanislaus county case of Sierra Shooting Sports in Modesto. The Madison Society listed me as "Joe Gun Guy", yes we won but had none of our property returned to us. Not only has it not been returned, we have heard nothing from the DOJ.

What can I say except the people who make up the Calguns Foundation are my personal heroes. The NRA should donate to THEM.

These are the guys who protect us, both individually and our remaining freedoms, and they are fighting the battles to get us back the freedoms that have been taken away. Please keep those donations coming.

I would like to know if the property taken has ever been returned. You may recall The Stanislaus county case of Sierra Shooting Sports in Modesto. The Madison Society listed me as "Joe Gun Guy", yes we won but had none of our property returned to us. Not only has it not been returned, we have heard nothing from the DOJ.

Have you made a demand? There is no statute of limitations for wrongfully held personal property.

__________________Donald Kilmer (Lex Arma) - Reason or Force.

If civic virtu does not reside in the people - no constitution, no bill of rights, no legislative body and no court will be able to preserve our liberties.

Unconsciously borrowed from: "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it." — Judge Learned Hand

NONE of my posts on this website are legal advice.
I get the top bunk.

how about going further and file criminal charge of domestic law terrorism of CA BF. They won't stop if we don't start bringing this to national attention. i think they brass needs to be named by person in suit and keem em in courts.

Thank you for all your support and guidance in having the case dismissed. Your the best. I want to thank Bill Wiese who recommended TMLLP C. D. Michell who put me in touch with Don Kilmer ( who defended me), Ivanimal (monitor), Gene Hoffman (Chairman, The Calguns Foundation), Wes Morris ( Ten Percent Guns), Ron Babcock ( Pres. Grassroots NRA Vallejo), Hector Garcia ( CWS ), Russ & Sally Nordyke ( T.S. Gun Shows) Joe Gun Guy & the Madison Society, my brother Mike (Public Defender City of brotherly love), Free and Accepted Masons of California, Ancient and Accepted Scottish Rite of Freemasonry, the Law Enforcement Community at large, and many many others who supported me from Calguns. The fight is not completely over and I have the utmost confidence that Don Kilmer will obtain the release of the 47 SLR's, 5 complete upper assemblies, computer, ATF-A&D books, parts kits, bullet buttons, u-15 stock's, cash and etc.
My wife and I have always checked with Calif. D.O.J bureau of firearms for a straight answer concerning the legalities of firearms, from the Fab-Ten (CMS engine Service Co.)(mag well sealed SLR), Vulcan V15 (Mag epoxied and pinned) to firearms not on the assault weapons list. When I asked a Calif. DOJ bureau of firearms expert (Iggy) at the Vallejo Gun Show about the legalities of the U-15 stock (which wasn't even displayed, I pulled it out from a bin to show him and then put it away) he answered I have no opinion it is up to the 50 DA's and then several days later sends an undercover agent in to purchase the U-15 stock on a lower half, then 10 minutes later brings a swat team to raid my house knowing my wife was recovering from open heart surgery is unfathomable.
John Contos